S 1086 Session 109 (1991-1992)
S 1086 General Bill, By M.T. Rose
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
17-5-130 and 17-5-140 so as to provide qualifications and training
requirements for coroners; and to create the South Carolina Training Council
and provide for its membership, functions, powers, and responsibilities.
11/11/91 Senate Prefiled
11/11/91 Senate Referred to Committee on Judiciary
01/14/92 Senate Introduced and read first time SJ-24
01/14/92 Senate Referred to Committee on Judiciary SJ-24
04/29/92 Senate Recalled from Committee on Judiciary SJ-251
RECALLED
April 29, 1992
S. 1086
Introduced by SENATOR Rose
S. Printed 4/29/92--S.
Read the first time January 14, 1992.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTIONS 17-5-130 AND 17-5-140 SO AS TO
PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS
FOR CORONERS; AND TO CREATE THE SOUTH CAROLINA
TRAINING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP,
FUNCTIONS, POWERS, AND RESPONSIBILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 17, of the 1976 Code is amended by
adding:
"Section 17-5-130. (A) All coroners in this State must
have the following qualifications:
(1) be a citizen of the United States;
(2) be a resident of the county in which he seeks the office of
coroner for at least two years before qualifying for the election to the
office;
(3) be a registered voter;
(4) attained the age of twenty-five years before the date of
qualifying for election to the office;
(5) obtained a high school diploma or its recognized
equivalent;
(6) have not been convicted of a felony offense or any offense
involving moral turpitude contrary to the laws of this State, any other
state, or the United States; and
(7) successfully completed the next scheduled class no longer
than one hundred eighty days, after the person's election or appointment,
a basic training course provided by the South Carolina Criminal Justice
Academy and the South Carolina Coroners Association.
(B) (1) After July 1, 1993, every newly elected coroner in his
first terms is required to complete a training session to be determined by
the South Carolina Coroners' Training Council. This training must be
completed no later than one hundred eighty days into the first calendar
year of the first term of the newly elected coroner's term of office. A
newly elected coroner who is unable to attend this training course when
offered because of an emergency or extenuating circumstances shall,
within one year from the date of disability or cause terminates, shall
complete the standard basic course of instruction required of newly
elected coroners. A newly elected coroner who does not fulfill the
obligations of this subsection is subject to suspension by the Governor
until the coroner completes the course of instruction.
(2) After December 31, 1993, no person is eligible to hold the
office of coroner or deputy coroner unless he attends a minimum of
sixteen hours' training annually as may be selected by the South Carolina
Coroners' Training Council and has on file a certificate to that effect
with the council.
(3) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training course in accordance with the provisions
of this section after the one hundred eighty-day period for newly elected
coroners is excused from the minimum annual training requirements for
the calendar year during which the basic course is completed.
(4) A waiver of the requirements of minimum annual in-service training may be granted by the board of directors of the South
Carolina Coroners' Association, at its discretion, upon the presentation
of evidence by a coroner that he was unable to complete the training due
to emergency or extenuating circumstances considered sufficient by the
board.
(5) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office,
without pay, by the Governor for ninety days. The Governor may
continue to suspend a coroner until he completes the annual minimum
in-service training required in this section. The Governor shall appoint,
at the time of the coroner's suspension, a qualified person to perform as
acting coroner during the suspension.
(C) The provisions of items (4) and (5) of subsection (A) do not
apply to a coroner serving on the effective date of this section.
Section 17-5-140. (A) There is established a council which is
known and designated as the "South Carolina Coroners' Training
Council". It must be composed of:
(1) the director of the South Carolina Criminal Justice
Academy or his designee who may not be a voting member;
(2) five coroners appointed by the South Carolina Coroners'
Association; and
(3) one physician trained in forensic pathology and appointed
by the coroners' association who may not be a voting member of the
council but shall advise the council regarding the training course
curriculum for coroners.
(B) The terms of office are four years and until the appointment
and qualification of a successor. Upon the expiration of a member's
term of office, the member shall continue to serve on the council until
his successor is appointed and qualified. Any coroner who ceases to
serve as coroner of a respective county is ineligible to continue service
on the council. The South Carolina Criminal Justice Academy shall
establish a curriculum advisory committee to provide information
beneficial to the development of courses at the South Carolina Criminal
Justice Academy. Members of this advisory committee will be selected
by the director of the South Carolina Criminal Justice Academy. A
majority of the council members constitutes a quorum for the transaction
of business.
(C) The council is vested with the following functions, powers,
and responsibilities:
(1) to make all the necessary rules and regulations to
implement the provisions of Sections 17-5-130 and 17-5-140;
(2) to cooperate with and secure the cooperation of every
department, agency, or instrumentality of the state government or its
political subdivisions in furtherance of the provisions of Sections 17-5-130 and 17-5-140;
(3) to approve schools and prescribe minimum qualifications
for instructors at approved schools;
(4) to issue a certificate of certification to any coroner or
deputy coroner satisfactorily complying with an approved training
program;
(5) to withdraw or suspend the certification of any coroner
who has perfumed or is performing the duties of coroner in violation of
this article;
(6) to do any and all things necessary or convenient to enable
it wholly and adequately to perform its duties and to exercise the power
granted to it; and
(7) to prescribe by rules and regulations the minimum
requirements for curriculum and standards composing the initial in-service, advanced, specialized, and continuing training courses for
certification."
SECTION 2. This act takes effect when the Constitution of this State
is amended to authorize the provisions of this act.
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